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CHAPTER 139
BEVERAGE AND TOBACCO TAXES
SUBCHAPTER I
BEVERAGE TAXES
139.01   Definitions.
139.02   Fermented malt beverages tax.
139.03   Liquor tax.
139.035   Wine shipped directly to individuals in this state.
139.04   Exclusions.
139.05   Payment of malt beverages tax.
139.06   Liquor tax returns; exceptions.
139.08   Powers and duties of the secretary of revenue.
139.09   Registration.
139.092   Audits; additional assessments; refunds.
139.094   Appeals.
139.096   Failure to file.
139.10   Refunds by secretary of administration.
139.11   Records and reports.
139.115   Collection.
139.18   Presumptions from possession.
139.20   Compulsory testimony.
139.22   Confiscation.
139.25   Penalties.
139.26   Prosecutions by attorney general.
SUBCHAPTER II
CIGARETTE TAXES
139.30   Cigarette tax; definitions.
139.31   Tax imposed; exceptions.
139.315   Cigarette inventory tax imposed; procedures.
139.32   Payment of taxes.
139.321   Unlawful possession of cigarettes.
139.322   Security.
139.323   Refunds to Indian tribes.
139.325   Agreements with Indian tribes.
139.33   Use tax.
139.34   Permits required.
139.345   Direct marketing.
139.35   Stamps.
139.355   Appeals.
139.36   Refunds for unusable stamps.
139.362   Bad debt deductions.
139.363   Preferred claims.
139.365   Other refunds.
139.37   Salespersons.
139.38   Records, returns.
139.39   Administration and enforcement.
139.395   Theft of tax moneys.
139.40   Seizure and confiscation.
139.41   Place to place delivery.
139.42   Nuisance.
139.43   Statewide concern.
139.44   Interest and penalties.
139.45   Prosecutions by attorney general.
139.46   Lists.
SUBCHAPTER III
TOBACCO PRODUCTS TAX
139.75   Definitions.
139.76   Imposition; exceptions.
139.77   Distributors, monthly returns.
139.78   Use tax.
139.79   Permits; distributor; subjobber.
139.80   Refunds, credits.
139.801   Bad debt deductions.
139.802   Preferred claims.
139.803   Refunds to Indian tribes.
139.805   Agreements with Indian tribes.
139.81   Salespersons.
139.82   Records, returns.
139.83   Administration and enforcement.
139.832   Police powers.
139.835   Timely filing.
139.84   Bonds.
139.85   Interest and penalties.
139.86   Prosecutions by attorney general.
subch. I of ch. 139 SUBCHAPTER I
BEVERAGE TAXES
Subch. I of ch. 139 Cross-reference Cross-reference: See also ch. Tax 7, Wis. adm. code.
139.01 139.01 Definitions. In ss. 139.01 to 139.25 unless the context or the subject matter otherwise requires:
139.01(1) (1)“Bottler" means any person other than a brewer or brewpub who places fermented malt beverages in bottles or similar containers.
139.01(2) (2)“Brewer" means any person who manufactures fermented malt beverages for sale or transportation except that brewer does not include a permittee under s. 125.295.
139.01(2c) (2c)“Brewpub" means a permittee under s. 125.295.
139.01(2e) (2e)“Brewpub premises" means any premises covered by a permit issued under s. 125.295.
139.01(2g) (2g)“Department" means the department of revenue.
139.01(2m) (2m)“Cider" means any alcoholic beverage that is obtained from the alcoholic fermentation of the juice of apples or pears and that contains not less than 0.5 percent alcohol by volume and not more than 7.0 percent alcohol by volume. “Cider" includes, but is not limited to, flavored, sparkling and carbonated cider.
139.01(2p) (2p)“Division" means the division of alcohol beverages in the department.
Effective date note NOTE: Sub. (2p) is created eff. 5-1-24 by 2023 Wis. Act 73.
139.01(2r) (2r)“File" means mail or deliver a document that the department prescribes to the department or, if the department prescribes another method of submitting or another destination, use that other method or submit to that other destination.
139.01(3) (3)“Intoxicating liquors" includes all ardent, spirituous, distilled or vinous liquors, liquids, or compounds, whether medicated, proprietary, patented, or not, and by whatever name called, containing one-half of one percent or more of alcohol by volume, which are fit for use for beverage purposes, but does not include fermented malt beverages, as defined in s. 125.02.
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